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L STATE 

SD 421 
.M6 
1917 
Copy 1 


: CONSERVATION 
:OMMISSION 

OF 
WISCONSIN 


Forest, Field and 
Marsh Fire Laws 

with 

Instructions to Town Chairmen, 

Road Supjerintendents, Rangers 

and Patrolmen 


■ 


MADISON, WIS. 
1917 



9, 0* ^' 

fEB 25 1913 



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FOREWORD 

This pamphlet is issued for the benefit and 
information of such persons or officials who 
are to a greater or less extent interested in 
the Wisconsin laws relating to forest, field, 
swamp, marsh and other running fires. It is 
intended to briefly present such provisions 
as may be of particular interest to the dif- 
ferent classes of citizens. 

To Town Chairaien and Road SupeiTntendents. 

Read this booklet carefully. Each town 
chairman by provision of law is , town fire 
warden, and each road superinendent is as- 
sistant town fire warden to the chairman. Un- 
der the law you are duty bound to fight such 
fires and when you are notified of a fire or 
receive a call for assistance, YOU MUST ACT 
IMMEDIATELY, irrespective of what work 
you may be engaged in when you receive 
such notice or call for assistance. 

You have the power of sheriffs to arrest 
without warrant for any violation of the fire 
laws. You have the power to demand the 
assistance of any able-bodied male citizen to 
help fight fires. 

FARMERS AND SETTLERS must not 
start fires during dry periods. Before burn- 
ing your brush talk the matter over with 
either your town chairman or with a road 
superintendent; these men under the law 
are town fire wardens. Always help willingly 
and promptly when called upon to fight fires. 



You cannot tell what day you may wish the 
help of your neighbors to save your own 
home from fire. Do not start back fires un- 
til absolutely necessary. 

Payment of fiie fighters (see sec. 2 613.) 

Town chairmen and road superintendents 
will be paid such a wage for fire fighting as 
may be determined upon by the town board. 
All men called out by the fire wardens shall 
receive not more than twenty cents (20c) 
per hour for the time actually employed, which 
compensation is also to be paid by the town 
board. 



INSTRUCTIONS TO FIRE FIGHTERS 

If you discover a fire too large to be put 
out at once, get help immediately. If nec- 
essary, notify the nearest fire warden, or pa- 
trolmen, or if neither is available any sheriff 
or deputy sheriff of the county who should no- 
tify the fire warden. 

Organize and select the best man as leader. 
When a fire-warden is present he should take 
charge. 

Form a plan of action and stick to it. Con- 
sider the rights of property owners, but do 
not let them back fire to protect their own 
property unless it will be for the general 
good. Back fires should be authorized only 
by the man in charge. 

If you believe that a fire will take a con- 
siderable time to put out, divide your force 
into crev/s, one to relieve the other. Keep 
some one on the job all the time. 

The best tools for fighting fire are the 
shovels, mattock, ax and wet sacks. Rakes, 
hoes and brush hooks are also useful. 

Sand or earth thrown on a fire is as effec- 
tive as water. 

If possible stop the fire by means of a trail 
or trench. Where the fire burns slowly in 
open timber pinch it out by knocking the 
burning material back into the burned area. 
Put out logs and stumps by throwing dirt on 
them. Never leave burning trees or snags 
near the fire line. Many fires well under 
control have broken out again when a little 
3 



additional work would have made them quite 
safe. 

Work at night or in the early morning, in- 
stead of by day, when it is possible. At night 
a six-inch trail will often hold a fire that 
would leap a quarter of a mile during the 
heat of the day. At night less time is wasted 
carrying water to the fire fighters. 

Fires occurring in dense brush or thickets 
may require back firing. Start your back fire 
far enough in front so that you will have 
time to complete your work before the main 
fire reaches you. Start it from a road, trail 
or stream if possible. If not, cut a trail, 
scrape it clean, light your fire and guard 
your trail. 

Back fire along the top or bottom of a ridge 
rather than half way up the slope. 

See to it that the ends of your back fire 
are safe. Run them together if possible, 
thus surrounding the main fire, or else run 
them into portions that have burnt out, or to 
a stream or road. A back fire is just as dan- 
gerous as the original one unless it is per- 
fectly safe throughout its whole length. 

Watch the fire line after the fire is under 
control. Sparks blown from burning snags, 
chunks thrown from falling trees, and many 
other things may cross the fire line. Keep 
some one on guard. 

Use your best judgment in fighting fires 
when you are in charge as local conditions 
make it impossible to give any iron clad rules 
to follow. If some one else is in charge obey 
his instructions. 

Lumber Companies — All lumber companies 
operating steam railroads must equip their 
engines with the best fire fighting parapher- 
4 



nalia possible and the following suggestions 
are made for this equipment and means of 
combatting fires: 

(1) Proper stacks and screens, (2) Bar- 
rels of water along steep grades, at intervals, 
where there are no streams of water that 
have a steady flow in dry weather. (3) 
Equipment for all engines, such as hose and 
all attachments necessary to handle water 
quickly and efficiently, to extinguish fires 
which start along the railroad. (4) Water 
tank car for emergencies. (5) A patrol 
should be made after all trains in dry weather. 
(6) A careful inspection should be made at 
regular periods of all equipment. (7) In- 
structions should be issued to all section 
crews and employees to be on the lookout 
for fires and just what they should do toward 
extinguishing same. (8) All inflammable 
material should be removed from along tracks 
for at least fifty feet on either side. 

Railroads — All of the above rules that are 
practical and possible of enforcement should 
be used by main line railroads as well as the 
logging railroads. If the proper officials of 
all railroads will issue w^ritten instructions to 
their employees to carry out the provisions of 
the forest laws applicable to railroads a tre- 
mendous improvement can be made and many 
fires averted. Trackmen should be instructed 
to clean all rights of way at least twice per 
year of inflammable material. Sufficient 
trackmen should be kept to promptly put out 
any fires that may occur along the rights of 
way. All locomotives should be equipped 
with proper screens to prevent the escape of 
sparks and hot cinders and with adequate 
devices to prevent the escape of fire from ash 
5 



pans, and a proper inspection should be made 
of all such devices at short intervals during 
the dry weather in both spring and autumn. 
Instructions should be issued to all engi- 
neers, conductors and all employees to report 
fires to the railroad agents as is required by 
law. 

Persons Burning Brush — Before burning 
brush or clearing land, notify the fire war- 
den. Burn brush in still weather or when 
the breeze is away from adjacent timber and 
towards open land. If possible, the best time 
is in cloudy weather just before a rain storm. 

If there is a lookout station in your vicinity 
notify the lookout watchman so that he will 
know that you are going to burn your brush, 
as otherwise he will likely go to the trouble 
of summoning men to fight what he takes to 
be a forest fire. Always have plenty of per- 
sons close around when burning brush so 
that in case this fire escapes and gets into 
woodland you will be able to extinguish it. 

Campers, Hunters, Fishermen, Etc. — Be 
careful of your campfire. Never build your 
campfire larger than is needed, rake leaves 
and dry wood away from it, and in windy 
weather dig a shaUow hole for it. Never 
build a fire against hollow logs or trees where 
it will be hard to extinguish. Never leave 
camp until you have entirely extinguished 
the fire with water. 

Be careful with matches, cigar or cigarette 
stubs and burning tobacco and never throw 
them where there will be any chance of them 
igniting leaves or wood. 

Rural Mail Carriers — The post office de- 
partment of the United States government has 
requested all rural and star route carriers to 
6 



notify the proper authorities when they dis- 
cover a fire along their route, and fire warden 
should use every means to secure their hearty 
cooperation along this line. 

Any suggestion as to a possible way to bet- 
ter the system will be given the most careful 
attention when sent to the commission. 



LAWS RELATING TO 

Marsh, Swamp, Field and Forest 
Fires. 

Chapter 282 Laws of 1917. 

Issued by the Wisconsin State Conservation 
Commission. 

State and Local File Wardens. (Section 
26,11) The commission shall be in charge 
of and give suitable directions to the entire 
fire warden force "of the state. The chairman 
of the town board of each town in the state 
shall be the town fire warden for such town 
and the superintendents of highways for the 
different road districts within the different 
towns shall be assistant town fire wardens 
for their respective towns. 

Powers of ConseiTation Commission. 

(Section 26.12) The commission shall have 
general charge of the fire warden force of 
the state, and shall have authority to mass 
such fire warden force as may be available at 
any special point to suppress fires. In cases 
of emergency, or when the town shall have 
no highway superintendents, or the town 
shall be unusually large, the commission may 
on recommendation of the town chairman, 
appoint, temporarily, needed fire wardens, 
whose duties and authority shall be the same 
as herein provided for town and assistant 
town fire wardens. 



Duties of Fire Wardens; Police Powers; Com- 
pensation and Rewards; Taxation and Pay- 
ment. (Section 26.13) (1) Each fire war- 
den before entering upon his duties, shall 
take an oath of OiTice and file the same with 
the commission. All fire wardens shall take 
prompt and effective measures against the 
spread and illegal setting of forest, field, 
marsh or swamp fires within their towns and 
districts and shall have the power of sheriffs 
to arrest without warrant for violations of 
the provisions of any sections of the statutes 
relating to setting, failure to extinguish, or 
care of fires. They shall have authority to 
call upon any able-bodied citizen, in terri- 
tory in which they act, to assist in extin- 
guishing forest, marsh, swamp and other 
running fires in such manner as they may 
direct. 

(2) Those assisting either the town or 
assistant town fire wardens in the extin- 
guishing of forest, marsh, swamp and other 
fires shall receive compensation for their 
services at not more than twenty cents (20c) 
per hour for the time actually employed. 
The commission is authorized to approve for 
payment not to exceed fifty per cent (50%) 
of the clear proceeds of any fine collected 
in an action brought for a violation of any 
of the provisions of sections 4405a to 4406 of 
the statutes relating to setting, failure to put 
out or care of fires, where the evidence to 
secure a conviction is furnished by a town 
fire warden, an assistant town fire warden, or 
any other person. 

(3) No payment shall be made to any 
claimant under this section until he shall 

9 



have presented an itemized account and made 
oath or affirmation that said account is just 
and correct, which account shall be audited 
and approved by the town board. The town 
board shall thereupon direct the town clerk 
to issue a warrant upon the town treasurer 
for the sum to which such claimant is en- 
titled, and the town treasurer shall pay the 
same. 

(4) Expense borne by road districts of 
To\^Tis. The expense of preventing or ex- 
tinguishing forest, marsh, swamp or other 
running fires by the town or assistant town 
fire wardens, and by those called upon by 
either of said fire wardens to assist them, 
shall be borne by the road district or dis- 
tricts within which the expense was incurred, 
and the superintendent of highways of each 
road district, or if there is no such road 
superintendent then the town board, may 
levy and assess a tax for defraying such ex- 
pense. Such tax shall be collected in the 
same manner as other taxes, and such tax 
when so collected shall be paid into the town 
treasury from which such expense is paid. 

Payment of Fire Wardens Appointed by 
the Commission. (Section 26.14) (1) Each 
fire warden appointed by the Commission to 
act in case of emergency, shall receive for 
his actual services rendered, two dollars 
(2.00) per day, one-half of which shall be 
paid by the county where such service is 
performed, and one-half by the state; and 
any employee engaged by the commission or 
by any fire warden appointed by the com- 
mission, to assist in preventing or suppress- 
ing forest, swamp, marsh or other running 
in 



fires shall receive for such services not more 
than twenty cents (20c) per hour, and said 
expense shall also be paid, one-half by the 
county where such service is performed, and 
one-half by the state. 

(2) The fire wardens appointed by the 
commission shall prepare itemized accounts 
for their own services and the services of 
their assistants, and no such account shall be 
paid until it has been approved by the com- 
mission. The secretary of state shall not 
issue warrants for more than ten thousand 
dollars ($10,000.00) for fighting forest fires 
in any one county in any one year, and one- 
half the amount paid by the state shall be 
refunded to the state by the county, in which 
the fires were fought. In case the work of 
fighting fires covers a portion of two or more 
counties, the amount to be paid by each 
county shall be decided by the commission. 

(3) As soon as any account has been paia 
by the state treasurer, the commission shall 
send to the proper county treasurer a bill 
for the countyls share of the expenses and a 
copy of the bill shall be filed with the secre- 
tary of state. The county shall have sixty 
(60) days within which to pay such bill, but 
if not paid within that time, the county 
shall' be liable for interest at the rate of six 
per centum (6%) per annum. If said sixty 
days shall have elapsed without payment be- 
fore the time provided by law for the sec- 
retary of state to certify to the counties the 
levy for state taxes, he shall include an a- 
mount sufllcient to pay such bill as a part of 
the levy against the county for state taxes. 

11 



Liability of Toa\ti Fii'e AVardeiis and Cit- 
izens. Sectiois' (26.15) Any fire warden who 
shall refuse to carry out the provisions of 
section V 2 6.13 or any able-bodied citizen who 
shall refuse to render assistance as provided 
by said section, shall be punished by a fine of 
not less than ten ($10) or more than fifty 
($50) dollars, or by imprisonment in the 
county jail for not less than ten (10) or 
more than thirty (30) days, or by both 
such fine and imprisonment. 

Posting Fire Wai'ning Notices. Section 
(26.16) Each town fire warden and assistant 
town fire warden shall post or cause to be 
posted conspicuously in those parts of his 
town or district where fires are likely to oc- 
cur, all notices furnished him for that pur- 
pose by the commission. 

Reports by Fire Wardens. Section (26.17) 
Every assistant town fire warden, immedi- 
ately after each fire within his district shall 
forward to the commission and to the town 
fire warden a detailed report of said fire. 
The town fire warden shall report to the 
commission, annually, on or before the first 
day of December, a summary of all forest 
fires within their towns or districts during 
the year and such other matters as the com- 
mission may direct.. 

Note. — The words "assistant town fire war- 
den" mean the ROAD SUPERINTENDENT. 
The words "town fire warden" mean the 
TOWN CHAIRMAN. The word "commis- 
sion" means the State Conservation Commis- 
sion. 

12 



District Attonieys to Prosecute. Sectiox 

(26.18) Whenever an arrest shall have been 
made for any violation of any provision of 
this chapter, or whenever any information 
of such violation shall have been lodged 
with him, it shall be the duty of the district 
attorney of the county in which the criminal 
act was committed to prosecute the offender 
or offenders. If any district attorney should 
fail to comply with the provisions of this 
section he shall be guilty of a misdemeanor 
and upon conviction shall be fined not less 
than $100 nor more than $1,000, or be im- 
prisoned not less than 30 days nor more 
than one year, or both in the discretion oi 
the court. The penalties of this section 
shall apply to any magistrate, with proper 
authority, who refuses or neglects without 
cause to issue a warrant fOr the arrest and 
prosecution of any person or persons when 
complaint, under oath, of violation of any 
terms of this chapter has been lodged with 
him. 

LAWS RELATING TO SETTING OF FIKES. 

Destruction of AVaniiiig Notices. Section 

(26.19) Any person who shall maliciously or 
wilfully destroy, deface, remove or disfigure 
any sign, poster or warning notice posted 
under the provisions of this chapter siiall 
be guilty of a misdemeanor and punishable 
upon conviction by a fine of not less than 
$15. nor more than $100, or by imprisonment 
in the county jail for a period of not less than 
ten days nor more than three months, or by 
both such fine and imprisonment. 

13 



Town Boards Can Forbid Setting of Fires. 

Section (4405a) (1) Whenever the town 
hoard of any town deems it imprudent to set 
fires upon any land within the town or district 
they shall post or cause to be posted notices 
in five public places in each township in such 
town or district forbidding the setting of fires 
therein, and afier the posting of such notices 
no person shall pet any fire up';n any land in 
said town or district, except for warming the 
person or cooking food, until written per- 
n'ission has been received from one or the 
five wardens of said town. 

(2) Camp Fires Must be Extinguished. 

All persons who start camp fires upon any 
land in this state shall exercise all necessary 
precautions to prevent damage therefrom, and 
shall entirely extinguish the same before 
leaving them. Every person violating any 
provision of this section shall be punished 
bj^ a fine of not less than ten nor more tiian 
fifty dollars, or by imprisonment in the county 
jail not more than six months for each of- 
fense. 

Liability of Persons who Build Fires. Sec- 
Tiox (4406) Any person who shall build a 
fire on any lands in this state not his own or 
under his control, except as hereinafter pro- 
vided, shall before leaving the same, totally 
extinguish it, and upon failure to do so shall 
be punished by a fine not exceeding $100 or 
by imprisonment in the county jail not f'x- 
ceeding one month, or by both such fine and 
imprisonment. Any person who shall neg- 
ligently or wilfully set fire to or assist an- 
other to set fire on any land, whereby such 
14 



land is injured or endangered or shall wil- 
fully or negligently suffer any fire upon liis 
own land to escape beyond the limits thereof, 
to the injury of the land of another, shall be 
punished as hereinbefore provided and be 
liable to the person injured for all damaffp 
that may be caused by the fii e 

LAWS RELATING TO RAILROADS. 

Liability of Railways for Damages Caused 
by Fire. Section (1816a) (1) Each railroad 
corporation owning or operating a railroad in 
this state, shall be responsible in damages 
to every person and corporation whose prop- 
erty may be injured or destroyed by fire 
communicated directly or indirectly by loco- 
motive engines, in use upon the railroad 
owned or operated by such railroad corpor- 
ation, or by the burning of grass, weeds or 
rubbish on right of way by employes of such 
corporation, and each such railroad corpor- 
ation shall have an insurable interest in the 
property upon the route of the railroad 
owned or operated by it, and may procure 
insurance thereon in its own behalf for its 
protection against such damages. 

(2) Whenever the property owned by 
any person or corporation shall be injured or 
destroyed by fire communicated by locomo- 
tives in use upon any railroad owned or op- 
erated by a railroad corporation, or by the 
burning of grass, weeds and rubbish on the 
right of way by employes of such corporation, 
so as to render the railroad corporation liable, 
under subsection 1 of this section, or other- 
wise, the owner of such property injured or 
destroyed may recover damages for such loss, 
15 



and to recover the same it shall only be 
necessary for him to prove the loss of or 
injury to his property, and that the fire orig- 
inated in the manner hereinbefore stated. 
If such corporation fails or neglects to pay 
such damage within sixty days after notice 
in writing that a loss or injury has occurred, 
accompanied by an affidavit thereof, served 
upon any officer or station or ticket agent 
employed by such corporation in the county 
where such loss or injury occurred, such 
owner shall be entitled to recover from tne 
corporation double the aiuoun* of damages 
actually sustained by him in any court of 
competent jurisdiction. If such company 
shall, within sitxy days, offer in writing to 
pay a fixed sum, being the full amount of the 
damages sustained, and the owner shall re- 
fuse to accept the same, then in any ad ion 
thereafter brought for such damages, when 
such owner recovers a less sum as damages 
than the amount so offered, then such owner 
shall recover only his damages, and the rail- 
way company shall recover its costr,. 

Spark Arresters on Engines, Boilers and 
Logging, liocomotives. Section (26.20) (1> 
Between March 1 and November 1 it shall be 
unlawful for any logging locomotive, don- 
key, traction or portable engine, and all 
other engines, boilers, and locomotives, except 
railway locomotives operated in, through, or 
near forest, brush, or grass land, which do 
not burn oil as fuel, to be operated without a 
screen or wire netting on top of the smoke- 
stack and so constructed as to give the most 
practicable protection against the escape of 
sparks and cinders from the smokestacks 
16 



thereof, and each such engine shall be pro- 
vided with the most practicable devices to 
prevent the escape of fire from ash-pans and 
fire boxes. The term logging locomotive as 
used in this act shall be construed to mean 
any locomotive operated on a railroad branch, 
line, or division, the chief or main business 
of which is the transportation of logs, lum- 
ber, or other forest products. 

(2) Spark AiTcsters on Liocomotives other 
than Logging liOcomotives. All locomotives 
operated on any railroad other than a logging 
railroad shall be equipped with the most prac- 
ticable spark arresters so constructed as to 
give the greatest possible protection against 
the escape of sparks and cinders from the 
smokestacks thereof, and each such engine 
shall be provided with the most practicable 
device to prevent the escape of live coals from 
ash pans and fire boxes, and said devices be- 
tween March 1 and November 1 shall at all 
times be maintained in good repair. It shall 
be the duty of the superintendent of motive 
power or equivalent officer of each such rail- 
road to designate an employe of such rail- 
road at each division point and round house 
who shall examine each locomotive each time 
it leaves the division point or round house 
between March 1 and November 1, and such 
employe shall be held responsible for the 
proper carrying out of the provisions of this 
section, but without relieving the company 
from its responsibility hereunder. 

(3) Locomotive Inspector: Powers. Any 

locomotive inspector designated by the com- 
mission shall have the power to reject from 
service immediately any locomotive, donkey, 

17 



traction, or portable engine which, in the 
opinion of the said inspector, is deficient in 
adequate design, construction, or maintenance 
of the fire protective devices designated in 
subsections (1) and (2) of this section, and 
any such locomotive, donkey, traction or por- 
table engine so rejected from service shall not 
be returned to service until such defects have 
been remedied to the satisfaction of said lo- 
comotive inspector. In case of disagreement 
between said inspector and the owner of the 
locomotive, donkey, traction, or portable en- 
gine so rejected from service as to the effi- 
ciency or proper maintenance of said protec- 
tive devices, then the owner of said locomo- 
tive, donkey, traction, or portable engine may 
appeal to the railroad commission of Wiscon- 
sin for a decision of said matter, but pending 
such decision the said locomotive, donkey, 
traction, or portable engine shall not be re- 
turned to service. 

(4) Cleaning Railway Rights of Way. 

Every corporation maintaining and operating 
a railway shall, at least once in each year, 
cut and burn or remove from its right of 
way all grass and weeds and burn or remove 
therefrom all brush, logs, refuse material, and 
debris within a reasonable time, and when- 
ever fires are set for such purpose, shall take 
proper care to prevent the escape thereof 
from the right of way. 

(5) Depositing Fire or Ashes on Tracks. 

No such corporation shall permit its employes 
to deposit fire, live coals, or ashes upon their 
tracks outside of the yard limits, except they 
be immediately extinguished. , 

18 



(6) Reporting Files on Riglits of Way. 

Engineers, conductors, or trainmen who dis- 
cover that fences or other material along the 
right of way or on lands adjacent to the 
railroad are burning or in danger from fire, 
shall report the same to the agent or person 
in charge at their next stopping place at 
which there shall be a telegraph station. 
Corporations maintaining and operating 
railways shall give particular instructions to 
their section employes for the prevention and 
prompt extinguishment of fires, cause notices, 
which shall be furnished by the state forester, 
to be posted at their stations, and when a 
fire occurs along the line of their road, or 
on lands adjacent thereto, for which fire they 
are responsible, they shall concentrate such 
help and adopt such measures as shall most 
effectually arrest its progress. 

(7) Fire Patrol. All such corporations 
during a dangerously dry season, and when 
so directed by the commission, shall provi e 
fire patrols for duty along their tracks. 
Whenever said commission shall deem it nec- 
essary it may order such corporations to 
provide for patrolmen to follow each train 
throughout such districts as may be neces- 
sary to prevent fires. When said commission 
has given a corporation such notice that in 
its opinion the conditions require such patrol 
after trains, the corporation shall immedi- 
ately comply with such instructions through- 
out the districts designated; or on its failure 
to do so, said commission may employ pa- 
trolmen, and furnish them with the necessary 
equipment to patrol the rights of way of 
such corporations, and the expense of the 

19 



same shall be charged to the corporation and 
the same may be recoverable in a civil ac- 
tion in the name of the state of Wisconsin, 
and in addition thereto, the said corporation 
shall be deemed guilty of a misdemeanor. It 
is also made the duty of such corporation, 
acting independently of such commission, to 
patrol its rights of way after the passage of 
each train when necessary to prevent the 
spread of fires and to use the highest degrees 
of diligence to prevent the setting and spread 
of fires, and it is also made the duty of its 
officers and employes operating trains in this 
state, to use diligence in the extinguishment 
of fires set by locomotives or found existing 
upon their respective rights of way, and any 
negligence in this regard shall render such 
corporation or any officer or employe thereof 
guilty of a misdemeanor. 

(8) Iiisi)ection and Entry. The com- 
mission is authorized to inspect or cause to 
be inspected any locomotive, donkey, or 
threshing engine, railway locomotive, and all 
other engines, boilers, and locomotives op- 
erated in, through or near forest, brush, or 
grass land and to enter upon any property for 
such purpose, or where they may deem it 
necessary in order to see that all the pro- 
visions of this act are duly complied with. 

(9) Penalty. Any corporation by its of- 
ficers, agents, or employes, wilfully violating 
the provisions of this section, shall be liable 
to a penalty of not less than $50 nor more 
than $500 for each and every such violation, 
to be collected in a civil action in the name 
of the state. 

20 



(10) Ai>i)eal to liailioad Cominissioii. 

In case the commission and any corporation 
or individual operating any locomotive, don- 
key, or threshing engine, or any engine, 
boiler, or locomotive cannot agree as to the 
most practical device or devices for prevent- 
ing the escape of sparks, cinders, or fire from 
smokestacks, ash pans or fire boxes, then 
the same shall be determined by the rail- 
road commission of Wisconsin. 

(11) Exemption. The commission shall 
have the power to exempt from the provisions 
of subsections (1). (2), (3). and (4) of this 
section any railroad, when, in its judgment 
conditions along the right of way are such 
that the reduced hazard renders such pro- 
tective devices unnecessary. 

Penalty. Skctiox (4 406a) Any person 
wil fully failing to comply with any of the re- 
quirements of section 26.20 shall be deemed 
guilty of a misdemeanor and shall be pun- 
ished, upon conviction, by a fine of not less 
than $50 nor more than $500. or by im- 
prisonment in the county jail not exceeding 
one year, or by both such fine and imprison- 
ment. . 

liiability of Railways for Damages caii.sed 
by Fire. (Skctio.x 2 6.21) In addition to the 
penalties provided in the preceding section 
26.20, the United States,. the state, the county 
or private owners, whose property is injured 
or destroyed by such fires, may recover, in 
a civil action, double the amount of damages 
suffered, if the fires occurred through wil- 
fulness, malice or negligence. Persons or 
corporations causing fires in violation of this 
21 



chapter shall be liable to the state in an 
action for debt, to the full amount of all 
damages done to state lands and for all ex- 
penses incurred by the towns fighting said 
fires. 



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LIBRARY OF CONGRESS 

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LIBRARY OF CONGRESS 



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